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N.J. Court Says Americans Have No Right To Buy Handguns
CBS ^ | 10/28/2009 | CBS

Posted on 11/05/2009 9:03:07 AM PST by mikelets456

A New Jersey appeals court has concluded that Americans have no Second Amendment right to buy a handgun.

In a case decided last week, the superior court upheld a state law saying that nobody may possess "any handgun" without obtaining law enforcement approval and permission in advance.

That outcome might seem like something of a surprise, especially after the U.S. Supreme Court ruled last year in the D.C. v. Heller case that the Second Amendment guarantees "the individual right to possess and carry weapons in case of confrontation."

But New Jersey Appellate Division Judge Stephen Skillman wrote on behalf of a unanimous three-judge panel that Heller "has no impact upon the constitutionality of" the state law.

That's because, Skillman said, the Supreme Court did not strike down the District of Columbia's de facto handgun ban but instead simply ordered the city to issue a permit. In other words, while Americans may have the right in general to possess arms, the exact contours of that right have not been mapped, especially as the Second Amendment applies to state laws. (The court's majority opinion last year said: "We therefore assume that petitioners' issuance of a license will satisfy respondent's prayer for relief and do not address the licensing requirement.")

Look for the Supreme Court to revisit this question in a few months when it hears a case called McDonald v. Chicago. It's a constitutional challenge to Chicago's restrictive gun laws, which prohibit anyone from possessing firearms -- even in their homes -- "unless such person is the holder of a valid registration certificate for such firearm."

New Jersey's laws are similar. They say: ......

(Excerpt) Read more at cbsnews.com ...


TOPICS: Constitution/Conservatism; Culture/Society; Government
KEYWORDS: banglist; handgun; laws; nj
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1 posted on 11/05/2009 9:03:08 AM PST by mikelets456
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To: All

As a citizen of the United States of America, I answer only to laws that adhere to the Constituion.
I reject the findings of any court who refute the Law of the Land.
Please co-sign, my fellow Freepers....


2 posted on 11/05/2009 9:05:15 AM PST by Maverick68 (w)
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To: mikelets456

I left that state 35 years ago and have never looked back.


3 posted on 11/05/2009 9:06:49 AM PST by Mouton
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To: mikelets456

Phooey.

Gun-up!


4 posted on 11/05/2009 9:07:10 AM PST by onedoug
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To: mikelets456

That is just the kind of statement that might make SCOTUS confirm that the 2nd is incorporated against the states.


5 posted on 11/05/2009 9:08:07 AM PST by taxcontrol
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To: mikelets456

Now there is a third world cesspit overdue for a regime change.


6 posted on 11/05/2009 9:09:05 AM PST by magslinger (Deja Mue- The feeling that you have heard this bull before.)
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To: Maverick68

Happy Guy Fawlks’ Day.


7 posted on 11/05/2009 9:09:08 AM PST by massgopguy (I owe everything to George Bailey)
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To: onedoug
Absolute idiots. If this doesn't point to an out-of-control judiciary, I don't know what does.

This is not an American court; it's a European court -- rights are not God-given but are given to subjects at the whim of those in power.

8 posted on 11/05/2009 9:11:00 AM PST by Jerrybob
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To: mikelets456

Screw em. Go out of state and buy enough to fill your trunk........


9 posted on 11/05/2009 9:11:44 AM PST by 1776 Reborn
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To: onedoug
Absolute idiots. If this doesn't point to an out-of-control judiciary, I don't know what does.

This is not an American court; it's a European court -- rights are not God-given but are given to subjects at the whim of those in power.

10 posted on 11/05/2009 9:11:45 AM PST by Jerrybob
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To: mikelets456

Another day, another travesty from some crooked, degenerate, megalomaniacal black-robed bastard.


11 posted on 11/05/2009 9:12:36 AM PST by VR-21 (Down to the stones, where old ghosts play.)
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To: Mouton

Good point. It IS NJ after all.


12 posted on 11/05/2009 9:13:07 AM PST by RobRoy (The US today: Revelation 18:4)
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To: mikelets456

Skillman...another Harvard “genius”...indoctrinated in Communism/Socialism/Marxism...and I’d bet dollars-to-donuts that his ancestors were Jewish... those who should have been armed to the teeth in 1930’s Germany.


13 posted on 11/05/2009 9:13:18 AM PST by kellynla (Freedom of speech makes it easier to spot the idiots! Semper Fi!)
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To: mikelets456
The RATS are getting scared that they just might find themselves in a real revolution.
14 posted on 11/05/2009 9:13:47 AM PST by Logical me (Oh, well!!!)
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To: mikelets456

“In other words, while Americans may have the right in general to possess arms, the exact contours of that right have not been mapped, especially as the Second Amendment applies to state laws.”

“...the right of the People to keep and bear arms shall not be infringed.”

How F’ing hard is it to understand???


15 posted on 11/05/2009 9:14:22 AM PST by VanDeKoik (Iran doesnt have a 2nd admendment. Ya see how that turned out?)
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To: mikelets456

Headline is incorrect. A state court interpreting state law said New Jerseyans (New Jerseyites?) have no right to buy handguns. As they were not interpreting federal laws, they weren’t speaking about the entire country.

The idiocy of not incorporating the entire bill or rights at once is still having an effect. Hopefully the SC will correct this this term.


16 posted on 11/05/2009 9:14:39 AM PST by Mr. Blonde (You ever thought about being weird for a living?)
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To: mikelets456

MOLON LABE!!


17 posted on 11/05/2009 9:14:48 AM PST by gimme1ibertee ("In a time of universal deceit,telling the truth becomes a revolutionary act"-G. Orwell)
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To: mikelets456

If “shall not be infringed” isn’t clear enough, it’s because they are trying to misunderstand the law of the land.


18 posted on 11/05/2009 9:16:13 AM PST by TurtleUp ([...Insert today's quote from Community-Organizer-in-Chief...] - Obama, YOU LIE!)
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To: mikelets456

I guess New Jersey has declared itself independent from the United States Consititution.


19 posted on 11/05/2009 9:16:35 AM PST by NorwegianViking
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To: mikelets456

NJ courts would be wrong.


20 posted on 11/05/2009 9:16:35 AM PST by freekitty (Give me back my conservative vote; then find me a real conservative to vote for)
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To: Alberta's Child; algernonpj; alice_in_bubbaland; Ballygrl; Calpernia; certrtwngnut; Clemenza; ...

New Jersey Brain Trust / 2A ping


21 posted on 11/05/2009 9:18:15 AM PST by NewJerseyJoe (Rat mantra: "Facts are meaningless! You can use facts to prove anything that's even remotely true!")
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To: mikelets456
The Supreme Court will sigh, roll their eyes, and strike it down.

Again.

22 posted on 11/05/2009 9:18:29 AM PST by Lazamataz (DEFINITION: rac-ist (rA'sis't) 1. Anyone who disagrees with a liberal about any topic.)
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To: mikelets456
The Big Wee Wee's only accomplishment to date.

I fearlessly predict the Feds will have a difficult time enforcing any SCOTUS
ruling which tries to limit the Wee Wee in this regard.

23 posted on 11/05/2009 9:18:45 AM PST by Zakeet (Central Park Zoo vs. White House -- one has an African Lion -- other has a lyin' African)
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To: mikelets456

I guess the people would have to rent or borrow them when they need to keep and bear them.


24 posted on 11/05/2009 9:20:09 AM PST by cotton1706
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To: mikelets456

So if NJ wanted to ban a church or a newspaper, that would be permissible?


25 posted on 11/05/2009 9:21:13 AM PST by Sgt_Schultze (A half-truth is a complete lie)
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To: Jerrybob

Those European courts do not recognize God Given Rights because they do not believe in God.

The joke is going to be on those fools.


26 posted on 11/05/2009 9:22:44 AM PST by Texas Fossil (Government, even in its best state, is but a necessary evil; in its worst state, an intolerable one.)
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To: mikelets456

Then the NJ court has NO right to be a court.

When the judiciary of this country STEALS the foundational rights of the citizens AND the politicians DON’T do anything to IMPEACH those judges, then that court needs to be stopped by the citizens. Period. Our foundational documents prescribe this just solution.


27 posted on 11/05/2009 9:23:31 AM PST by TruthConquers (Delendae sunt publicae scholae)
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To: VR-21

28 posted on 11/05/2009 9:23:59 AM PST by libh8er
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To: kellynla

ping


29 posted on 11/05/2009 9:24:31 AM PST by Glacier Honey
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To: Sgt_Schultze

The 1st Amendment has been incorporated against the states. They cannot ban a church or a newspaper in violation of the 1st Amendment.

The 2nd Amendment has not been incorporated against the states. States can regulate ownership as guns how they see fit. Only the Federal government has to comply with the 2nd Amendment.

A case to incorporate the 2nd Amendment against the states is on the Supreme Court docket this term.


30 posted on 11/05/2009 9:27:06 AM PST by Mr. Blonde (You ever thought about being weird for a living?)
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To: TurtleUp

*If “shall not be infringed” isn’t clear enough, it’s because they are trying to misunderstand the law of the land.*

You give them to much credit. They aren’t trying to MISunderstand the law of the land.

They are trying to DESTROY this land. Our country.

I will NO longer give them the benefit of the doubt.
They don’t deserve it.


31 posted on 11/05/2009 9:29:00 AM PST by TruthConquers (Delendae sunt publicae scholae)
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To: neverdem

x


32 posted on 11/05/2009 9:30:25 AM PST by Coleus (Abortion, Euthanasia & FOCA - - don't Obama and the Democrats just kill ya!)
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To: Maverick68

The key here is not the 2nd amendment, but the 14th. No state govt may deprive a citizen of the US of any right without due process, meaning a trial for a crime not an act of a legislature.


33 posted on 11/05/2009 9:32:24 AM PST by xkaydet65
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To: mikelets456

Liberal Fascism in all it’s glory.


34 posted on 11/05/2009 9:34:28 AM PST by Seruzawa (If you agree with the French raise your hand - If you are French raise both hands.)
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To: mikelets456

if you need a permit, you have no rights.


35 posted on 11/05/2009 9:40:13 AM PST by sten
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To: mikelets456

The ruling lays bare the dimoKKKRAT agenda on gun control. This may be good in that it exposes the dimoKKKRAT’s for what they are.


36 posted on 11/05/2009 9:45:09 AM PST by Parley Baer
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To: Logical me

They should be.


37 posted on 11/05/2009 9:47:00 AM PST by Gator113 (Obamba, Reid, Pelosi, the socialist triad.)
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To: Maverick68
Being behind enemy lines here in the People's Republic of NJ, I am reminded of this quote:

"I am free, no matter what rules surround me. If I find them tolerable, I tolerate them; if I find them too obnoxious, I break them. I am free because I know that I alone am morally responsible for everything I do."
-Robert A. Heinlein
38 posted on 11/05/2009 9:47:54 AM PST by mrmeyer ("When brute force is on the march, compromise is the red carpet." Ayn Rand)
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To: mikelets456

dontcha just love how, at least according to see bs, a new jersey appellate court can rule on a federal issue?


39 posted on 11/05/2009 9:51:58 AM PST by sig226 (My President was President of the week at the Norwegian Slough Academy.)
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To: Mr. Blonde

I thought the 14th amendment was the empowering force that impelled incorporation upon the States.


40 posted on 11/05/2009 9:56:43 AM PST by Sgt_Schultze (A half-truth is a complete lie)
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To: mikelets456

There’s only one reason that those in power want to disarm the public - an armed citizenry is the only thing standing in the way of the totalitarian government that they seek.


41 posted on 11/05/2009 10:04:25 AM PST by meyer ("I went to Europe to buy the Olympics for Chicago and all I got was this silly Nobel")
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To: Maverick68

As a Christian man and father, I do not follow any law of man.

The constitution only conveys rights that are already given to to you from GOD.

We need to always remember this.


42 posted on 11/05/2009 10:10:26 AM PST by PJammers (I can't help it... It's my idiom!)
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To: Joe Brower; bamahead

Ping


43 posted on 11/05/2009 10:14:30 AM PST by Freedom2specul8 (I am Jim Thompson............................Please pray for our troops....)
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To: mikelets456

Get the sob off the bench!

He is not upholding the constitution!


44 posted on 11/05/2009 10:16:15 AM PST by devistate one four (Back by popular demand: America love or leave it (GTFOOMC) TET68)
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To: Lazamataz

I am sure it pisses the Scotus off to have to go over this again, but that is what happens when you don’t write a clear decision. I do think that they are going to get out their big hammer again and say “See Heller, yes this applies to you too”.


45 posted on 11/05/2009 10:17:44 AM PST by ClayinVA ("Those who don't remember history are doomed to repeat it")
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To: Maverick68

I’m in!

That should be the message to send to the congress!


46 posted on 11/05/2009 10:18:03 AM PST by devistate one four (Back by popular demand: America love or leave it (GTFOOMC) TET68)
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To: TruthConquers

Yep. I want to see more action in that regard.

It’s coming, the “We the People” train, will rock the gubment so that they will see the error of thier ways!


47 posted on 11/05/2009 10:22:06 AM PST by devistate one four (Back by popular demand: America love or leave it (GTFOOMC) TET68)
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To: Sgt_Schultze

In what I think was one of the dumbest moves ever they opted to not go with wholesale incorporation. Instead each right from the Bill of Rights has to individually come before the court and be incorporated. It is through the 14th, but not until the SC gives their approval.

The 2nd is the last major one not incorporated. The 3rd isn’t either, but I doubt that ever comes before the court.


48 posted on 11/05/2009 10:24:56 AM PST by Mr. Blonde (You ever thought about being weird for a living?)
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To: sten

That’s not the worst of it. In NJ before you buy any firearm (that includes a BB gun...yes, that is true) you need a FID (Firearms ID card). You are fingerprinted, background checked and after 8 weeks, if approved you get this card. You can buy anything but handguns with this card. However, anytime you buy a firearm you have to pay a $16 background check and fill out 3-forms. Once approved a gun must be cased and in the trunk separated from any ammunition at all times. You can only have a firearm in the car if:
-Hunting.
-going to and from the range.
-Transporting after buying or selling.

A handgun buying permit is another process. It is a triple carbon form that is purchased for $5 (after exhaustive checks again) and valid to buy any NJ legal handgun for a 90 day period. You can renew the permit for free and extend for another 90 days. If you do not purchase a handgun in that period it expires and you have to go through the entire process again...

Oh, BTW...your FID card can be taken away for any reason the government uses at its discretion...meaning if they think you may be an angry drunk, reported for road rage, disorderly conduct, etc. be ready people, this will soon come to a state near you if things don’t change in a hurry!!!


49 posted on 11/05/2009 10:26:31 AM PST by mikelets456
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To: Jerrybob

America begins at the Delware.

It formerly began at the Hudson River, but the explosion of New Yorkers into the Garden State has turned it into a political Garbage State.


50 posted on 11/05/2009 10:27:30 AM PST by ZULU (God guts and guns made America great. Non nobis, non nobis Domine, sed nomini tuo da gloriam.)
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